Maimed 24-year old's suit dropped on eve of trial after court rules his recklessness claims barred by his own recklessness

In Hopkins v. Amtrak, 08-CV-2965 (NGG) (RML) (E.D.N.Y.), on the eve of trial in federal court in Brooklyn, following 8 years of hard fought litigation and adverse court rulings on motions in limine, a grievously injured plaintiff voluntarily dismissed with prejudice and no payment his claims against Amtrak and the Massachusetts Bay Transportation Authority (MBTA), which were represented by LCBF.  Plaintiff, a 24-year old man, had climbed up on top of an Amtrak train at Boston’s South Station and touched the overhead catenary, resulting in 85% of his body suffering third and fourth degree burns with resulting amputations of his left arm, left leg, partial loss of digits on his right hand, and injuries to his genitals requiring penile reconstruction and multiple autograft surgeries.  Even though there was no Massachusetts case on point, we argued to the federal judge that plaintiff’s own recklessness barred his claims that Amtrak was reckless for parking trains under energized wires overnight while the MBTA left the station open to the public with no security.  Three days before trial, the Court issued a 55-page decision on a host of in limine issues, most significantly holding, as a matter of first impression under Massachusetts law, that a plaintiff whose conduct is in reckless disregard of his own safety is barred from recovery against a defendant on a recklessness claim.  Previously, the court had granted defendants’ motion to bifurcate.  See Hopkins v. Amtrak, 2016 WL 1588499 (E.D.N.Y. 2016).  The LCBF team was headed by Mark Landman and Tina Bhatt.